Can a lawyer be credited in a school annual or civic program as a contributor with a notation that he is an attorney?

Plain-English summary

The inquiry asked whether it would violate the Canons for attorneys to contribute to the publication of school annuals and programs of civic affairs with a notation in the publication that the attorney had made the contribution.

The Committee held it would constitute advertising in violation of Canon 24 for an attorney to have included in such a publication his name together with a statement that he is an attorney (8-1). It separately concluded, by a bare majority, that insertion of the name alone would not constitute advertising (5-4).

Currency note

This opinion was issued in 1955, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The advertising restrictions the opinion applies predate Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which held that categorical bans on lawyer advertising violate the First Amendment, so the Canon 24 framework used here has since been substantially narrowed. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a lawyer be credited as an "attorney" contributor in a school annual under this opinion?

A: No. The Committee held that adding a statement that the contributor is an attorney is advertising barred by Canon 24 (8-1).

Q: Could just the lawyer's name appear?

A: Yes, by a narrow vote. A bare majority concluded that inserting the name alone would not constitute advertising (5-4).

Background and rules framework

The opinion interprets former Texas Canon 24, the advertising provision of the Canons of Ethics of the State Bar of Texas, as applied to contributor acknowledgments in school annuals and civic programs. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's services).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), as the modern analog
• Texas Canon 24 (advertising)

See also

• TX Ethics Op. 121: Postage-Meter Civic Slogans
• TX Ethics Op. 122: Bar Membership in a Directory Listing
• TX Ethics Op. 175: Chamber-of-Commerce Ad on Envelopes

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-110/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_110.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

Would it violate the Canons of Ethics for attorneys to contribute to the publication of school annuals and programs of civic affairs with a notation in such publication to the effect that the attorney had made such contribution?

18 Baylor L. Rev. 239 (1966)

SOLICITATION - ACKNOWLEDGING CONTRIBUTIONS
Acknowledgment of contributions to the publication of school annuals and programs of civic affairs by a notation in the publications to the effect that the contributor was a lawyer is unprofessional although it would be pro per for the lawyer's name alone to appear.

Canon 24.

The committee is of the opinion that it would constitute advertising in violation of Canon No. 24 for an attorney to have included in such a publication his name and a statement to the effect that he is an attorney. (8-1) We are of the opinion that insertion of the name alone would not constitute advertising. (5-4)

Tex. Comm. On Professional Ethics, Op. 110 (1955)